One last question on AP...emailraja.pls help

R

rs_mangat

Registered Users (C)
As mentioned earlier, I have a valid H1 (but not stamped). If I use AP while returning to US...They'll put AP date of expiry on my I-94..Now:::

Q:: if they put the expiry date of AP on I-94 (which is one year), what do you do when it expires??
I mean, the H1 expiry is mostly 3 years...whereas AP is one year only...if I don't file the extension of AP (because I've a H1) then what should I do?

Q:: Secondly, even if I file for the extension of AP...how do I extend the date on my I-94?

PLEASE HELP GURUS!!
 
I checked my I-94 just now. The expiry date on the I-94 is 1 year from the date of entry! It's not the expiry date of the AP, but for me, nearly 4.5 months past the AP expiration. I don't understand why they do this, but that's what it clearly says. Sorry about the mix-up.

But your question still remains, what if you don't leave and reenter US within 1 year? The answer is I don't know. Your H1 approval notice does have an I-94 in it (bottom left square). This gives you 3 years. Maybe this superseeds what you get at the airport. UnitedNations will probably know this one. Try PMing him.

If you get another AP, you should be ok. If anyone asks, you just show the new AP with the expired I-94. Again, UN will know the definite answer.
 
I think

My comments in RED

emailraja said:
I checked my I-94 just now. The expiry date on the I-94 is 1 year from the date of entry! It's not the expiry date of the AP, but for me, nearly 4.5 months past the AP expiration. I don't understand why they do this, but that's what it clearly says. Sorry about the mix-up.


I think as long as the status is AOS, merely expiration of the date on I-94 doesn't make one out of status. Else, all those who don't get a new AP everyyear will become out of status the moment I-94 based on old AP expires.

But your question still remains, what if you don't leave and reenter US within 1 year? The answer is I don't know. Your H1 approval notice does have an I-94 in it (bottom left square). This gives you 3 years. Maybe this superseeds what you get at the airport. UnitedNations will probably know this one. Try PMing him.

Where is the question of H1 back in picture, when AP has been used?

If you get another AP, you should be ok. If anyone asks, you just show the new AP with the expired I-94. Again, UN will know the definite answer.
Click to expand...
 
Your status is legal in the US as long as ur I-485 is pending and u are working on a valid EAD. AP is just for traveling. Once u travel on AP ur H1 enrtry date is not vaild cause entering on a normal Visa like H1, B1 etc is different from when u enter on AP. Upon entry on a AP u are parolled till ur 485 is approved.
If one never travelled on H1 then its only the AP date that matters as far entering is concerned. H1 visa does not get affected if AP is used. If for some reason Godforbid 485 is rejected H1 will keep u safe and legal till it expires.

Confirm with ur lawyer what I have just said. Its just a comment from my behalf.
 
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Status after entering on AP

emailraja,
Can I bother you to, once more look into your I-94.
What status is written in I-94 at the port of Entry? I would guess it may be "Parolee", OR it is some thing else.

emailraja said:
I checked my I-94 just now. The expiry date on the I-94 is 1 year from the date of entry! It's not the expiry date of the AP, but for me, nearly 4.5 months past the AP expiration. I don't understand why they do this, but that's what it clearly says. Sorry about the mix-up.

But your question still remains, what if you don't leave and reenter US within 1 year? The answer is I don't know. Your H1 approval notice does have an I-94 in it (bottom left square). This gives you 3 years. Maybe this superseeds what you get at the airport. UnitedNations will probably know this one. Try PMing him.

If you get another AP, you should be ok. If anyone asks, you just show the new AP with the expired I-94. Again, UN will know the definite answer.
Click to expand...
 
commander said:
emailraja,
Can I bother you to, once more look into your I-94.
What status is written in I-94 at the port of Entry? I would guess it may be "Parolee", OR it is some thing else.
Click to expand...


It's a stamp that says "Paroled pursuant to SEC 212(d) (5) of the I &N Act. Paroled until: xxxxxxx. Purpose: DA - AOS."
 
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Hey Man,

archer747 said:
Your status is legal in the US as long as ur I-485 is pending and u are working on a valid EAD. AP is just for traveling. Once u travel on AP ur H1 enrtry date is not vaild cause entering on a normal Visa like H1, B1 etc is different from when u enter on AP. Upon entry on a AP u are parolled till ur 485 is approved.
If one never travelled on H1 then its only the AP date that matters as far entering is concerned. H1 visa does not get affected if AP is used. If for some reason Godforbid 485 is rejected H1 will keep u safe and legal till it expires.

Confirm with ur lawyer what I have just said. Its just a comment from my behalf.
Click to expand...


Hi,

That above statement of yours is scary and misleading. The moment you use AP, you are accepting AOS as your status and every other status is stands void. So there is no question of using H1B again for any purpose.

http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html

This link should clear many issues.
 
emailraja said:
That link is old and outdated. Now you can enter on AP and resume working on H1.
Click to expand...

Thanks for this thread, it awnser most of the question I wanted to ask this helpfull forum.

Few more question.

1. If enter US using AP, does it cancel my pending H1 petition (I have one pending, unless it is necessary I don;t want to spend 1 more grand for premium processing)
2. After entering using AP, can I get the extension of H1 without leaving US to get a new I-94 from a valid H1 stamped on passport. (because current I-94 is based on the AP)
 
I would say don't travel if you have any non-immigrant petition pending with USCIS.

Regarding getting extension after using AP:

a) answer is YES if you have not used EAD since your last US entry.
B) Else NO.

StillAlive said:
Thanks for this thread, it awnser most of the question I wanted to ask this helpfull forum.

Few more question.

1. If enter US using AP, does it cancel my pending H1 petition (I have one pending, unless it is necessary I don;t want to spend 1 more grand for premium processing)
2. After entering using AP, can I get the extension of H1 without leaving US to get a new I-94 from a valid H1 stamped on passport. (because current I-94 is based on the AP)
Click to expand...
 
archer747 said:
Once u travel on AP ur H1 enrtry date is not vaild cause entering on a normal Visa like H1, B1 etc is different from when u enter on AP. Upon entry on a AP u are parolled till ur 485 is approved.
If one never travelled on H1 then its only the AP date that matters as far entering is concerned.
Click to expand...

emailraja & archer747

My Question still remains::
As per Archer747, upon reentry to US using AP, u r parolled till ur 485 is approved...now..the date they put on AP is for only one year...if this date doesn't matter, then the why the hell they put it at all???
What happens when this date expires?....

1> If I get a new AP, how can I extend the date on I-94 based on new AP.??

2> if I DON'T file for AP extension (since I've a valid H1), what should I do when the date on I-94 expires???
 
usnycus said:
I would say don't travel if you have any non-immigrant petition pending with USCIS.

Regarding getting extension after using AP:

a) answer is YES if you have not used EAD since your last US entry.
B) Else NO.
Click to expand...

Thanks for the suggestion, then I may have to spend another grand to get the H1 premium processing.

I have another tricky question and my background,
One of my labor with a PD June 03 is pending in backlog center and another PERM labor from June 05 is approved and based on this 140 and 485 is filed. Both are through same employer with different job description and willing to continue employement with the same employer.

My question is if I get 3 year extension based on approved I-140 from PERM labor and down the line my GC based on the PERM labor got denied.
1. What happens to my H1 status ofter GC denial , assuming I still maintain my H1 status.
2. Since 3 year extension is based on the denied GC/labor, should I consider out of status or should I need to refile my H1 based on the old labor.
3. Later can I extend my H1 based on the old labor.


Thanks again for your help
 
Rs_mangat,
Here I am trying to put logic in the process with the disclaimer. If you like you can research the exact regulations to support or contradict them.

1. AP is the document, which has meaning only while you are entering US border, and has no role at any other time. Normal parole period is one year by default, however AOS parole is for indefinite period. Read Murthy (http://www.murthy.com/glosaryo.html)
(P)
Parole - an accommodation for special circumstances as opposed to Admission. Most common is Advance Parole. There are also other types of parole. Some examples are (1) being paroled into the U.S. to appear at an immigration hearing; (2) humanitarian parole, which can be granted on a case-by-case basis in truly urgent humanitarian circumstances, usually applied for when one is still in the home country. When paroled into the U.S. one is given an I-94 card with an expiration date. A person who is paroled is allowed in, but is not given a particular status. However, I-485 applicants with Advance Parole are usually paroled "indefinitely," with no fixed expiration date, since they are allowed to remain while the I-485 is being processed.


2. I94 is not an independent document, it is to be read in conjunction with any one more document e.g. Visa (H1 or visitor or any other one) or AOS or any other base document.
a)When you read it with Visa, a then date on I94 gets precedence. E.g. Visitor visa may be valid for 10 years bur your status is valid for the period of I94 only which is usually 6 months. On H1 entry I94 is stamped for the validity period of H1 visa. Based on this rule, while you are on H1 you must keep I94 up-to-date. That is why every time you extend H1, they send you new I94 valid for the period of H1
b)On the other side when you read I94 with AOS then AOS gets precedence. In this case I94 is just a proof that you entered US legally, on so-on-so date. Take my case, I went on EAD in Jan 2005, and my I94 expired then. But my status in US is legal. I do not need to do any thing on my I94, as long as my AOS status is valid.

3. Same logic goes with Parolee entry, while on AOS. Though I94 date could be given one year from the date of entry (Refer emailraja’s case), but that, when read with your AOS, your status will remain valid till AOS is valid. Therefore you do not have to do any thing to I94 after it expires.

4. In case if you intend to go on H1 after entering on AP, you will get new I94 when you extend your H1.


rs_mangat said:
emailraja & archer747

My Question still remains::
As per Archer747, upon reentry to US using AP, u r parolled till ur 485 is approved...now..the date they put on AP is for only one year...if this date doesn't matter, then the why the hell they put it at all???
What happens when this date expires?....

1> If I get a new AP, how can I extend the date on I-94 based on new AP.??

2> if I DON'T file for AP extension (since I've a valid H1), what should I do when the date on I-94 expires???
Click to expand...
 
Hail Commandar

Thanks Commandar for such a DETAILED & logical relply.

1.I completely understand your logic. But if you give ur expired I-94 while leaving the counrty, do they ask Question you about it when you try to re-enter US?

2. My old I-94 expired, I got a new approved H1 (extension). Should I give this new I-94 (which is attached to the approval notice) while leaving the country or just keep that with myself?
 
Its always good to keep photo copies of ur immigration paper work. Make a copy of the new 1-94 and keep it in a file. U had filed an extension... a secondry inspection is a possibility. But no worrys u will be fine (assuming u have travelled on ur H-1 before). you will have to surrender ur new I-94 when u exit the country.

The above is my understanding ...plz confirm with ur lawyer.
 
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You are supposed to keep, new I94 received with H1, also in the passport along with the original. In my case when I traveled, I had all of them in my passport, and POE, he took my original only.
And as advised by archer747, always make the copies of all your documents as soon as you receive them, you never know when you may need them.
In fact I have scanned all my documents, and have made a hard copy folder too.
Good luck

rs_mangat said:
Thanks Commandar for such a DETAILED & logical relply.

1.I completely understand your logic. But if you give ur expired I-94 while leaving the counrty, do they ask Question you about it when you try to re-enter US?

2. My old I-94 expired, I got a new approved H1 (extension). Should I give this new I-94 (which is attached to the approval notice) while leaving the country or just keep that with myself?
Click to expand...
 
See Inline …

StillAlive said:
Thanks for the suggestion, then I may have to spend another grand to get the H1 premium processing.

I have another tricky question and my background,
One of my labor with a PD June 03 is pending in backlog center and another PERM labor from June 05 is approved and based on this 140 and 485 is filed. Both are through same employer with different job description and willing to continue employement with the same employer.

My question is if I get 3 year extension based on approved I-140 from PERM labor and down the line my GC based on the PERM labor got denied.
1. What happens to my H1 status ofter GC denial , assuming I still maintain my H1 status. … In my opinion, you will be out of status. H1 extension (7th, 8th or 9th) is based on pending immigrant/LC petition and you may end in trouble (in future) if you continue to consider yourself in status. In past, USCIS used to be lenient (or some may call careless) and these things used to get slipped through their process. But, lately they have become very strict and definitely you don’t want to leave any issue(s) that may come back in future and bite you (immigration wise) really bad.

2. Since 3 year extension is based on the denied GC/labor, should I consider out of status or should I need to refile my H1 based on the old labor. … In response to your first question, I said that you may be out of status after GC/LC denial. But still if I were you, I will ask my employer/attorney to apply for H1 extension (again) based on pending LC. Nothing wrong in trying and who knows USCIS may extend your H1 for a year giving you another opportunity to evaluate the scenario and act accordingly.

3. Later can I extend my H1 based on the old labor. … You should be able to.

Thanks again for your help
Click to expand...
 
commander said:
Rs_mangat,
4. In case if you intend to go on H1 after entering on AP, you will get new I94 when you extend your H1.
Click to expand...

In this case one who used the AP needs to renew his H1 once the I-94 is expired which is exactly one year from date of entry as Parolee.
 
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